Arizona Senate Voted to Repeal the State's Longstanding Abortion Prohibition Dating Back to 1864

Photo: (Photo : Rebecca Noble/Getty Images )

On Wednesday, the Arizona Senate chose to repeal the state's 1864 abortion ban, which was set to become valid in a matter of weeks. 

Arizona Senate Repeals Abortion Ban Dating Back to 1864

The ban overlooked a narrow margin of 16-14 and is expected to be instantly signed into law by Governor Katie Hobbs, a Democrat. Remarkably, two Republican senators disregard their party's stance to support the abolition.

The bill had formerly been certified by the Arizona House, with numerous Republicans siding with Democrats to progress it to the Senate.

Senator Eva Burch, a Democrat, highlighted the necessity to overturn what she alleged was a flawed law, specifically one rooted in a time when women lacked voting rights.

However, Republican Senator Wendy Rogers contested that maintaining the 1864 ban aligned with Arizona's conservative principles, affirming that life initiates at conception and that the law's original intent was accurate then and remains so now.

The dispute over this Civil War-era abortion constraint mirrors the continuous national discourse encompassing reproductive rights, especially since the U.S. Supreme Court's 2022 decision to delegate abortion regulations to individual states.

With Arizona being an important battleground, Democrats aim to influence the stance of MAGA Arizona Republicans in their bid to take control of the state legislature during the forthcoming elections.

Rogers recognized the political gamble inherent in her stance but highlights prioritized what she believes is morally right. Despite the repeal, abortion constraints continue in Arizona, including a law passed in 2022 banning abortions after 15 weeks of pregnancy.

Arizona Democrats remain steadfast in their efforts to restore abortion rights, with plans to introduce a ballot measure for voter consideration in November.

Read Also: Florida Abortion Clinics Accommodate as Many Patients as Possible as the Six-Week Ban Nears

Revoking the Stringent Ban Aims to Enhance Abortion Rights

In a vote of 16-14, the bill passed with the support of two Republican senators, T.J. Shope and Shawnna Bolick, who aligned with the minority Democrats despite vocal opposition from the GOP.

Before her vote, Bolick shared her personal experiences with difficult pregnancies, including a miscarriage, expressing a generally anti-abortion stance. However, she sided with Democrats, suggesting that repealing the strict ban might impact support for a Democratic-led ballot initiative in November aimed at expanding abortion access.

Meanwhile, Republican State Senator Jake Hoffman criticized colleagues who voted against the party's stance, condemning what he viewed as a betrayal of Republican principles.

Democrats, who had been advocating for the ban's repeal in recent weeks, celebrated the legislative victory, considering it a significant milestone.

State Representative Stephanie Stahl Hamilton highlighted the relief felt by Arizonans who would no longer be subject to what she described as a brutal and outdated law.

State Senator Anna Hernandez echoed this sentiment, criticizing the unwavering stance of Republican leadership in Arizona and emphasizing the fight for abortion rights as an illumination of their alleged corruption.

The repeal legislation now awaits the signature of Governor Katie Hobbs, a Democrat, who expressed eagerness to promptly sign it into law.

Hobbs also indicated her intention to request the courts to consider legislative intent from the repeal and potentially delay the implementation of the 1864 ban.

In addition, she urged Arizonans to voice their opinions, especially regarding a pending pro-abortion access ballot measure in November, highlighting the state's significance in national politics and the motivating force of abortion-related issues for voters.

Hobbs also criticized what she viewed as insincere positions taken by some anti-abortion conservatives, including former President Trump, accusing them of political opportunism following the Dobbs decision and subsequent celebrations.

Related Article: Arizona Republicans Evaluate Options to Block Possible Ballot Initiative Advocating Abortion Rights this Fall

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